Florida Senate - 2014                                     SB 302
       
       
        
       By Senator Braynon
       
       
       
       
       
       36-00422-14                                            2014302__
    1                        A bill to be entitled                      
    2         An act relating to driver licenses and driving
    3         privileges; creating the “Driver Accountability Act”;
    4         amending s. 318.18, F.S.; providing a criminal penalty
    5         payment alternative if a court finds that the violator
    6         has demonstrable financial hardship; amending s.
    7         322.34, F.S., relating to driving while a license is
    8         suspended, revoked, canceled, or disqualified;
    9         revising penalty provisions; amending s. 322.245,
   10         F.S.; revising provisions for the Department of
   11         Highway Safety and Motor Vehicles to suspend the
   12         license of a person who has failed to pay a financial
   13         obligation for a criminal offense, to conform to
   14         changes made by the act; amending ss. 921.0022 and
   15         932.701, F.S.; conforming cross-references; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. This act may be cited as the “Driver
   21  Accountability Act.”
   22         Section 2. Subsection (8) of section 318.18, Florida
   23  Statutes, is amended to read:
   24         318.18 Amount and payment of criminal and civil penalties.
   25  The penalties required for a noncriminal disposition pursuant to
   26  s. 318.14 or a criminal offense listed in s. 318.17 are as
   27  follows:
   28         (8)(a) A Any person who fails to comply with the court’s
   29  requirements or who fails to pay the civil penalties specified
   30  in this section within the 30-day period provided for in s.
   31  318.14 must pay an additional civil penalty of $16, $6.50 of
   32  which must be remitted to the Department of Revenue for deposit
   33  in the General Revenue Fund, and $9.50 of which must be remitted
   34  to the Department of Revenue for deposit in the Highway Safety
   35  Operating Trust Fund. Of this additional civil penalty of $16,
   36  $4 is not revenue for purposes of s. 28.36 and may not be used
   37  in establishing the budget of the clerk of the court under that
   38  section or s. 28.35.
   39         (b) The department shall contract with the Florida
   40  Association of Court Clerks, Inc., to design, establish,
   41  operate, upgrade, and maintain an automated statewide Uniform
   42  Traffic Citation Accounting System to be operated by the clerks
   43  of the court which must shall include, but not be limited to,
   44  the accounting for traffic infractions by type, a record of the
   45  disposition of the citations, and an accounting system for the
   46  fines assessed and the subsequent fine amounts paid to the
   47  clerks of the court. On or before December 1, 2001, The clerks
   48  of the court must provide the information required by this
   49  chapter to be transmitted to the department by electronic
   50  transmission pursuant to the contract.
   51         (c)(b)1.a. If a person has been ordered to pay a civil
   52  penalty for a noncriminal traffic infraction and the person is
   53  unable to comply with the court’s order due to demonstrable
   54  financial hardship, the court shall allow the person to satisfy
   55  the civil penalty by participating in community service until
   56  the civil penalty is paid.
   57         (d) If a person has been ordered to pay a criminal penalty,
   58  including court costs, fines, or fees associated with a criminal
   59  offense, and the person is unable to comply with the court’s
   60  order due to demonstrable financial hardship, the court may
   61  allow the person to satisfy the criminal penalty by
   62  participating in community service until the criminal penalty is
   63  paid. In determining whether a person has the ability to pay the
   64  criminal penalty, the court shall consider the financial
   65  resources of the person, the present and potential future
   66  financial needs and earning ability of the person and his or her
   67  dependents, and such other factors that it deems appropriate. If
   68  the court finds that the person is unable to pay the criminal
   69  penalty, the court may consider converting the outstanding
   70  penalty to community service.
   71         (e)b. If a court orders a person to perform community
   72  service, the person shall receive credit for the civil or
   73  criminal penalty at the specified hourly credit rate per hour of
   74  community service performed, and each hour of community service
   75  performed reduces shall reduce the civil or criminal penalty by
   76  that amount.
   77         1.2.a. As used in this paragraph, the term “specified
   78  hourly credit rate” means the wage rate that is specified in 29
   79  U.S.C. s. 206(a)(1) under the federal Fair Labor Standards Act
   80  of 1938, that is then in effect, and that an employer subject to
   81  such provision must pay per hour to each employee subject to
   82  such provision.
   83         2.b.However, If a person ordered to perform community
   84  service has a trade or profession for which there is a community
   85  service need, the specified hourly credit rate for each hour of
   86  community service performed by that person is shall be the
   87  average prevailing wage rate for the trade or profession that
   88  the community service agency needs.
   89         3.a. The community service agency supervising the person
   90  shall record the number of hours of community service completed
   91  and the date the community service hours were completed.
   92         a. The community service agency shall submit the data to
   93  the clerk of the court on the letterhead of the community
   94  service agency, which must also bear the notarized signature of
   95  the person designated to represent the community service agency.
   96         b. When the number of community service hours completed by
   97  the person equals the amount of the civil or criminal penalty,
   98  the clerk of the court shall certify this fact to the court.
   99  Thereafter, the clerk of the court shall record in the case file
  100  that the civil or criminal penalty has been paid in full.
  101         4. As used in this subsection paragraph, the term:
  102         a. “Community service” means uncompensated labor for a
  103  community service agency.
  104         b. “Community service agency” means a not-for-profit
  105  corporation, community organization, charitable organization,
  106  public officer, the state or any political subdivision of the
  107  state, or any other body the purpose of which is to improve the
  108  quality of life or social welfare of the community and which
  109  agrees to accept community service from persons unable to pay
  110  civil penalties for noncriminal traffic infractions or criminal
  111  penalties.
  112         (f)(c) If the noncriminal infraction has caused or resulted
  113  in the death of another, the person who committed the infraction
  114  may perform 120 community service hours under s. 316.027(4), in
  115  addition to any other penalties.
  116         Section 3. Section 322.34, Florida Statutes, is amended to
  117  read:
  118         322.34 Driving while license suspended, revoked, canceled,
  119  or disqualified.—
  120         (1) Except as provided in subsection (2), a any person
  121  whose driver driver’s license or driving privilege has been
  122  canceled or, suspended, or revoked, except a “habitual traffic
  123  offender” as defined in s. 322.264, who drives a motor vehicle
  124  on upon the highways of this state while such license or
  125  privilege is canceled or, suspended commits, or revoked is
  126  guilty of a moving violation, punishable as provided in chapter
  127  318.
  128         (2)(a) A person whose driver license or driving privilege
  129  has been suspended for failing to pay child support as provided
  130  in s. 61.13016 or s. 322.245 who, knowing of such suspension,
  131  drives a motor vehicle on the highways of this state while such
  132  license or privilege is suspended, upon:
  133         1. A first conviction, commits a misdemeanor of the second
  134  degree, punishable as provided in s. 775.082 or s. 775.083.
  135         2. A second or subsequent conviction, commits a misdemeanor
  136  of the first degree, punishable as provided in s. 775.082 or s.
  137  775.083.
  138         (b)A Any person whose driver driver’s license or driving
  139  privilege has been suspended under s. 322.2615 or canceled,
  140  suspended, or revoked as provided by law, except persons defined
  141  as habitual traffic offenders in s. 322.264, who, knowing of
  142  such cancellation, suspension, or revocation, drives a any motor
  143  vehicle on upon the highways of this state while such license or
  144  privilege is canceled, suspended, or revoked, upon:
  145         1.(a) A first conviction, commits is guilty of a
  146  misdemeanor of the second degree, punishable as provided in s.
  147  775.082 or s. 775.083.
  148         2.(b) A second conviction, commits is guilty of a
  149  misdemeanor of the first degree, punishable as provided in s.
  150  775.082 or s. 775.083.
  151         3.(c) A third or subsequent conviction, commits is guilty
  152  of a felony of the third degree, punishable as provided in s.
  153  775.082, s. 775.083, or s. 775.084.
  154         (3) A person whose driver license or driving privilege has
  155  been revoked as a habitual traffic offender pursuant to s.
  156  322.264(1)(d) who, knowing of such revocation, drives a motor
  157  vehicle on the highways of this state while such license or
  158  privilege is revoked, upon:
  159         (a) A first conviction, commits a misdemeanor of the second
  160  degree, punishable as provided in s. 775.082 or s. 775.083.
  161         (b) A second conviction, commits a misdemeanor of the first
  162  degree, punishable as provided in s. 775.082 or s. 775.083.
  163         (c) A third or subsequent conviction, commits:
  164         1. A misdemeanor of the first degree, punishable as
  165  provided in s. 775.082 or s. 775.083, if the person’s
  166  designation as a habitual traffic offender is based only on the
  167  offenses of driving while a license is suspended or canceled
  168  under subsection (1); or
  169         2. A felony of the third degree, punishable as provided in
  170  s. 775.082, s. 775.083, or s. 775.084, if the person’s
  171  designation as a habitual traffic offender is based on any
  172  offense of driving while a license is suspended or revoked under
  173  subsection (2).
  174         (4) A person whose driver license or driving privilege has
  175  been revoked as a habitual traffic offender under s. 322.264 for
  176  violations other than a violation of s. 322.264(1)(d) who,
  177  knowing of such revocation, drives a motor vehicle on the
  178  highways of this state while such license or privilege is
  179  revoked commits a felony of the third degree, punishable as
  180  provided in s. 775.082, s. 775.083, or s. 775.084.
  181         (5) A person whose driver license or driving privilege has
  182  been revoked as a habitual traffic offender under s. 322.264 who
  183  has a prior conviction of forcible felony as defined in s.
  184  776.08 and who, knowing of the revocation of his or her driver
  185  license or driving privilege, drives a motor vehicle on the
  186  highways of this state while the license or privilege is revoked
  187  commits a felony of the third degree, punishable as provided in
  188  s. 775.082, s. 775.083, or s. 775.084.
  189         (6) The element of knowledge is satisfied if the person has
  190  been previously cited as provided in subsections (2)-(4)
  191  subsection (1); or the person admits to knowledge of the
  192  cancellation, suspension, or revocation; or the person received
  193  notice as provided in subsection (8) (4). There is shall be a
  194  rebuttable presumption that the knowledge requirement is
  195  satisfied if a judgment or order as provided in subsection (8)
  196  (4) appears in the department’s records for any case except for
  197  one involving a suspension by the department for failure to pay
  198  a traffic fine or for a financial responsibility violation.
  199         (7)(3) In any proceeding for a violation of this section, a
  200  court may consider evidence, other than that specified in
  201  subsection (2) or subsection (6), that the person knowingly
  202  violated this section.
  203         (8)(4) Any judgment or order rendered by a court or
  204  adjudicatory body or any uniform traffic citation that cancels,
  205  suspends, or revokes a person’s driver driver’s license must
  206  contain a provision notifying the person that his or her driver
  207  driver’s license has been canceled, suspended, or revoked.
  208         (5) Any person whose driver’s license has been revoked
  209  pursuant to s. 322.264 (habitual offender) and who drives any
  210  motor vehicle upon the highways of this state while such license
  211  is revoked is guilty of a felony of the third degree, punishable
  212  as provided in s. 775.082, s. 775.083, or s. 775.084.
  213         (9)(6)A Any person commits a felony of the third degree,
  214  punishable as provided in s. 775.082 or s. 775.083, if he or she
  215  who operates a motor vehicle:
  216         (a) Without having a driver driver’s license as required
  217  under s. 322.03; or
  218         (b) While his or her driver driver’s license or driving
  219  privilege is canceled, suspended, or revoked pursuant to s.
  220  316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and
  221  who by careless or negligent operation of the motor vehicle
  222  causes the death of or serious bodily injury to another human
  223  being is guilty of a felony of the third degree, punishable as
  224  provided in s. 775.082 or s. 775.083.
  225         (10)(7)A Any person whose driver driver’s license or
  226  driving privilege has been canceled, suspended, revoked, or
  227  disqualified and who drives a commercial motor vehicle on the
  228  highways of this state while such license or privilege is
  229  canceled, suspended, revoked, or disqualified, upon:
  230         (a) A first conviction, commits is guilty of a misdemeanor
  231  of the first degree, punishable as provided in s. 775.082 or s.
  232  775.083.
  233         (b) A second or subsequent conviction, commits is guilty of
  234  a felony of the third degree, punishable as provided in s.
  235  775.082, s. 775.083, or s. 775.084.
  236         (11)(8)(a) Upon the arrest of a person for the offense of
  237  driving while the person’s driver driver’s license or driving
  238  privilege is suspended or revoked, the arresting officer shall
  239  determine:
  240         1. Whether the person’s driver driver’s license is
  241  suspended or revoked.
  242         2. Whether the person’s driver driver’s license has
  243  remained suspended or revoked since a conviction for the offense
  244  of driving with a suspended or revoked license.
  245         3. Whether the suspension or revocation was made under s.
  246  316.646 or s. 627.733, relating to failure to maintain required
  247  security, or under s. 322.264, relating to habitual traffic
  248  offenders.
  249         4. Whether the driver is the registered owner or coowner of
  250  the vehicle.
  251         (b) If the arresting officer finds in the affirmative as to
  252  all of the criteria in paragraph (a), the officer shall
  253  immediately impound or immobilize the vehicle.
  254         (c) Within 7 business days after the date the arresting
  255  agency impounds or immobilizes the vehicle, either the arresting
  256  agency or the towing service, whichever is in possession of the
  257  vehicle, shall send notice by certified mail to any coregistered
  258  owners of the vehicle other than the person arrested and to each
  259  person of record claiming a lien against the vehicle. All costs
  260  and fees for the impoundment or immobilization, including the
  261  cost of notification, must be paid by the owner of the vehicle
  262  or, if the vehicle is leased, by the person leasing the vehicle.
  263         (d) Either The arresting agency or the towing service,
  264  whichever is in possession of the vehicle, shall determine
  265  whether any vehicle impounded or immobilized under this section
  266  has been leased or rented or if there are any persons of record
  267  with a lien upon the vehicle. Either The arresting agency or the
  268  towing service, whichever is in possession of the vehicle, shall
  269  notify by express courier service with receipt or certified mail
  270  within 7 business days after the date of the immobilization or
  271  impoundment of the vehicle, the registered owner and all persons
  272  having a recorded lien against the vehicle that the vehicle has
  273  been impounded or immobilized. A lessor, rental car company, or
  274  lienholder may then obtain the vehicle, upon payment of any
  275  lawful towing or storage charges. If the vehicle is a rental
  276  vehicle subject to a written contract, the charges may be
  277  separately charged to the renter, in addition to the rental
  278  rate, along with other separate fees, charges, and recoupments
  279  disclosed on the rental agreement. If the storage facility fails
  280  to provide timely notice to a lessor, rental car company, or
  281  lienholder as required by this paragraph, the storage facility
  282  is shall be responsible for payment of any towing or storage
  283  charges necessary to release the vehicle to a lessor, rental car
  284  company, or lienholder that accrue after the notice period,
  285  which charges may then be assessed against the driver of the
  286  vehicle if the vehicle was lawfully impounded or immobilized.
  287         (e) Except as provided in paragraph (d), the vehicle shall
  288  remain impounded or immobilized for any period imposed by the
  289  court until:
  290         1. The owner presents proof of insurance to the arresting
  291  agency; or
  292         2. The owner presents proof of sale of the vehicle to the
  293  arresting agency and the buyer presents proof of insurance to
  294  the arresting agency.
  295  
  296  If proof is not presented within 35 days after the impoundment
  297  or immobilization, a lien shall be placed upon such vehicle
  298  pursuant to s. 713.78.
  299         (f) The owner of a vehicle that is impounded or immobilized
  300  under this subsection may, within 10 days after the date the
  301  owner has knowledge of the location of the vehicle, file a
  302  complaint in the county in which the owner resides to determine
  303  whether the vehicle was wrongfully taken or withheld. Upon the
  304  filing of a complaint, the owner or lienholder may have the
  305  vehicle released by posting with the court a bond or other
  306  adequate security equal to the amount of the costs and fees for
  307  impoundment or immobilization, including towing or storage, to
  308  ensure the payment of such costs and fees if the owner or
  309  lienholder does not prevail. When the vehicle owner or
  310  lienholder does not prevail on a complaint that the vehicle was
  311  wrongfully taken or withheld, he or she must pay the accrued
  312  charges for the immobilization or impoundment, including any
  313  towing and storage charges assessed against the vehicle. When
  314  the bond is posted and the fee is paid as set forth in s. 28.24,
  315  the clerk of the court shall issue a certificate releasing the
  316  vehicle. At the time of release, after reasonable inspection,
  317  the owner must give a receipt to the towing or storage company
  318  indicating any loss or damage to the vehicle or to the contents
  319  of the vehicle.
  320         (12)(9)(a) A motor vehicle that is driven by a person under
  321  the influence of alcohol or drugs in violation of s. 316.193 is
  322  subject to seizure and forfeiture under ss. 932.701-932.706 and
  323  is subject to liens for recovering, towing, or storing vehicles
  324  under s. 713.78 if, at the time of the offense, the person’s
  325  driver driver’s license is suspended, revoked, or canceled as a
  326  result of a prior conviction for driving under the influence.
  327         (b) The law enforcement officer shall notify the department
  328  of Highway Safety and Motor Vehicles of any impoundment or
  329  seizure for violation of paragraph (a) in accordance with
  330  procedures established by the department.
  331         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, if
  332  when the seizing agency obtains a final judgment granting
  333  forfeiture of the motor vehicle under this section, 30 percent
  334  of the net proceeds from the sale of the motor vehicle shall be
  335  retained by the seizing law enforcement agency and 70 percent
  336  shall be deposited in the General Revenue Fund for use by
  337  regional workforce boards in providing transportation services
  338  for participants of the welfare transition program. In a
  339  forfeiture proceeding under this section, the court may consider
  340  the extent that the family of the owner has other public or
  341  private means of transportation.
  342         (10)(a) Notwithstanding any other provision of this
  343  section, if a person does not have a prior forcible felony
  344  conviction as defined in s. 776.08, the penalties provided in
  345  paragraph (b) apply if a person’s driver’s license or driving
  346  privilege is canceled, suspended, or revoked for:
  347         1. Failing to pay child support as provided in s. 322.245
  348  or s. 61.13016;
  349         2. Failing to pay any other financial obligation as
  350  provided in s. 322.245 other than those specified in s.
  351  322.245(1);
  352         3. Failing to comply with a civil penalty required in s.
  353  318.15;
  354         4. Failing to maintain vehicular financial responsibility
  355  as required by chapter 324;
  356         5. Failing to comply with attendance or other requirements
  357  for minors as set forth in s. 322.091; or
  358         6. Having been designated a habitual traffic offender under
  359  s. 322.264(1)(d) as a result of suspensions of his or her
  360  driver’s license or driver privilege for any underlying
  361  violation listed in subparagraphs 1.-5.
  362         (b)1. Upon a first conviction for knowingly driving while
  363  his or her license is suspended, revoked, or canceled for any of
  364  the underlying violations listed in subparagraphs (a)1.-6., a
  365  person commits a misdemeanor of the second degree, punishable as
  366  provided in s. 775.082 or s. 775.083.
  367         2. Upon a second or subsequent conviction for the same
  368  offense of knowingly driving while his or her license is
  369  suspended, revoked, or canceled for any of the underlying
  370  violations listed in subparagraphs (a)1.-6., a person commits a
  371  misdemeanor of the first degree, punishable as provided in s.
  372  775.082 or s. 775.083.
  373         (13)(11)(a) A person who does not hold a commercial driver
  374  driver’s license and who is cited for an offense of knowingly
  375  driving while his or her license is suspended, revoked, or
  376  canceled for any of the underlying violations listed in
  377  paragraph (10)(a) may, in lieu of payment of fine or court
  378  appearance, elect to enter a plea of nolo contendere and provide
  379  proof of compliance to the clerk of the court, designated
  380  official, or authorized operator of a traffic violations bureau.
  381  In such case, adjudication shall be withheld, and such action is
  382  not a conviction. However, an no election may not shall be made
  383  under this subsection if such person has made an election under
  384  this subsection during the preceding 12 months. A person may not
  385  make more than three elections under this subsection.
  386         (b) If adjudication is withheld under paragraph (a), such
  387  action is not a conviction.
  388         Section 4. Subsection (5) of section 322.245, Florida
  389  Statutes, is amended to read:
  390         322.245 Suspension of license upon failure of person
  391  charged with specified offense under chapter 316, chapter 320,
  392  or this chapter to comply with directives ordered by traffic
  393  court or upon failure to pay child support in non-IV-D cases as
  394  provided in chapter 61 or failure to pay any financial
  395  obligation in any other criminal case.—
  396         (5)(a) If When the department receives notice from a clerk
  397  of the court that a person licensed to operate a motor vehicle
  398  in this state under the provisions of this chapter has willfully
  399  failed to pay financial obligations for any criminal offense
  400  other than those specified in subsection (1), in full or in part
  401  under a payment plan pursuant to s. 28.246(4) after a finding by
  402  the court that the person has the ability to pay, the department
  403  shall suspend the license of the person named in the notice.
  404         (b) The department must reinstate the driving privilege if
  405  when the clerk of the court provides an affidavit to the
  406  department stating that:
  407         1. The person has satisfied the financial obligation in
  408  full or made all of the payments currently due under a payment
  409  plan;
  410         2. The person has entered into a written agreement for
  411  payment of the financial obligation if not presently enrolled in
  412  a payment plan; or
  413         3. The A court has entered an order granting relief to the
  414  person ordering the reinstatement of the license.
  415         (c) The department may shall not be held liable for any
  416  license suspension resulting from the discharge of its duties
  417  under this section.
  418         Section 5. Paragraph (e) of subsection (3) of section
  419  921.0022, Florida Statutes, is amended to read:
  420         921.0022 Criminal Punishment Code; offense severity ranking
  421  chart.—
  422         (3) OFFENSE SEVERITY RANKING CHART
  423         (e) LEVEL 5
  424  FloridaStatute    FelonyDegree               Description               
  425  316.027(1)(a)       3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  426  316.1935(4)(a)      2nd   Aggravated fleeing or eluding.           
  427  322.34(9)322.34(6)  3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  428  327.30(5)           3rd   Vessel accidents involving personal injury; leaving scene.
  429  379.367(4)          3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  430  379.3671(2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  431  381.0041(11)(b)     3rd   Donate blood, plasma, or organs knowing HIV positive.
  432  440.10(1)(g)        2nd   Failure to obtain workers’ compensation coverage.
  433  440.105(5)          2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  434  440.381(2)          2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  435  624.401(4)(b)2.     2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  436  626.902(1)(c)       2nd   Representing an unauthorized insurer; repeat offender.
  437  790.01(2)           3rd   Carrying a concealed firearm.             
  438  790.162             2nd   Threat to throw or discharge destructive device.
  439  790.163(1)          2nd   False report of deadly explosive or weapon of mass destruction.
  440  790.221(1)          2nd   Possession of short-barreled shotgun or machine gun.
  441  790.23              2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  442  800.04(6)(c)        3rd   Lewd or lascivious conduct; offender less than 18 years.
  443  800.04(7)(b)        2nd   Lewd or lascivious exhibition; offender 18 years or older.
  444  806.111(1)          3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  445  812.0145(2)(b)      2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  446  812.015(8)          3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  447  812.019(1)          2nd   Stolen property; dealing in or trafficking in.
  448  812.131(2)(b)       3rd   Robbery by sudden snatching.             
  449  812.16(2)           3rd   Owning, operating, or conducting a chop shop.
  450  817.034(4)(a)2.     2nd   Communications fraud, value $20,000 to $50,000.
  451  817.234(11)(b)      2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  452  817.2341(1), (2)(a) & (3)(a)  3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  453  817.568(2)(b)       2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  454  817.625(2)(b)       2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  455  825.1025(4)         3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  456  827.071(4)          2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  457  827.071(5)          3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  458  839.13(2)(b)        2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  459  843.01              3rd   Resist officer with violence to person; resist arrest with violence.
  460  847.0135(5)(b)      2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  461  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  462  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  463  874.05(1)(b)        2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  464  874.05(2)(a)        2nd   Encouraging or recruiting person under 13 to join a criminal gang.
  465  893.13(1)(a)1.      2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  466  893.13(1)(c)2.      2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  467  893.13(1)(d)1.      1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  468  893.13(1)(e)2.      2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  469  893.13(1)(f)1.      1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  470  893.13(4)(b)        2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  471  893.1351(1)         3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  472         Section 6. Paragraph (a) of subsection (2) of section
  473  932.701, Florida Statutes, is amended to read:
  474         932.701 Short title; definitions.—
  475         (2) As used in the Florida Contraband Forfeiture Act:
  476         (a) “Contraband article” means:
  477         1. Any controlled substance as defined in chapter 893 or
  478  any substance, device, paraphernalia, or currency or other means
  479  of exchange that was used, was attempted to be used, or was
  480  intended to be used in violation of any provision of chapter
  481  893, if the totality of the facts presented by the state is
  482  clearly sufficient to meet the state’s burden of establishing
  483  probable cause to believe that a nexus exists between the
  484  article seized and the narcotics activity, whether or not the
  485  use of the contraband article can be traced to a specific
  486  narcotics transaction.
  487         2. Any gambling paraphernalia, lottery tickets, money,
  488  currency, or other means of exchange which was used, was
  489  attempted, or intended to be used in violation of the gambling
  490  laws of the state.
  491         3. Any equipment, liquid or solid, which was being used, is
  492  being used, was attempted to be used, or intended to be used in
  493  violation of the beverage or tobacco laws of the state.
  494         4. Any motor fuel upon which the motor fuel tax has not
  495  been paid as required by law.
  496         5. Any personal property, including, but not limited to,
  497  any vessel, aircraft, item, object, tool, substance, device,
  498  weapon, machine, vehicle of any kind, money, securities, books,
  499  records, research, negotiable instruments, or currency, which
  500  was used or was attempted to be used as an instrumentality in
  501  the commission of, or in aiding or abetting in the commission
  502  of, any felony, whether or not comprising an element of the
  503  felony, or which is acquired by proceeds obtained as a result of
  504  a violation of the Florida Contraband Forfeiture Act.
  505         6. Any real property, including any right, title,
  506  leasehold, or other interest in the whole of any lot or tract of
  507  land, which was used, is being used, or was attempted to be used
  508  as an instrumentality in the commission of, or in aiding or
  509  abetting in the commission of, any felony, or which is acquired
  510  by proceeds obtained as a result of a violation of the Florida
  511  Contraband Forfeiture Act.
  512         7. Any personal property, including, but not limited to,
  513  equipment, money, securities, books, records, research,
  514  negotiable instruments, currency, or any vessel, aircraft, item,
  515  object, tool, substance, device, weapon, machine, or vehicle of
  516  any kind in the possession of or belonging to any person who
  517  takes aquaculture products in violation of s. 812.014(2)(c).
  518         8. Any motor vehicle offered for sale in violation of s.
  519  320.28.
  520         9. Any motor vehicle used during the course of committing
  521  an offense in violation of s. 322.34(12)(a) 322.34(9)(a).
  522         10. Any photograph, film, or other recorded image,
  523  including an image recorded on videotape, a compact disc,
  524  digital tape, or fixed disk, that is recorded in violation of s.
  525  810.145 and is possessed for the purpose of amusement,
  526  entertainment, sexual arousal, gratification, or profit, or for
  527  the purpose of degrading or abusing another person.
  528         11. Any real property, including any right, title,
  529  leasehold, or other interest in the whole of any lot or tract of
  530  land, which is acquired by proceeds obtained as a result of
  531  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  532  property, including, but not limited to, equipment, money,
  533  securities, books, records, research, negotiable instruments, or
  534  currency; or any vessel, aircraft, item, object, tool,
  535  substance, device, weapon, machine, or vehicle of any kind in
  536  the possession of or belonging to any person which is acquired
  537  by proceeds obtained as a result of Medicaid fraud under s.
  538  409.920 or s. 409.9201.
  539         12. Any personal property, including, but not limited to,
  540  any vehicle, item, object, tool, device, weapon, machine, money,
  541  security, book, or record, that is used or attempted to be used
  542  as an instrumentality in the commission of, or in aiding and
  543  abetting in the commission of, a person’s third or subsequent
  544  violation of s. 509.144, whether or not comprising an element of
  545  the offense.
  546         Section 7. This act shall take effect July 1, 2014.